Ogbechie

Ogbechie v. Covarrubias

Good Law
United States District Court, Northern District of CaliforniaOctober 2, 20205:18-cv-00121California1,910 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION

LAWRENCE OGBECHIE,

Case No. 5:18-cv-00121-EJD Plaintiff, ORDER GRANTING MOTION TO v. DISMISS 10 R COVARRUBIAS, et al., Re: Dkt. No. 65 11 Defendants.

Defendant Officers R. Covarrubias, P. Soto, M. Thomas and N. Walker (collectively, “Defendants”) move to dismiss the First Amended Complaint (“FAC”) filed by Plaintiff Lawrence Ogbechie (“Plaintiff”) for lack of subject matter jurisdiction pursuant to 28 U.S.C. § 1367(c)(l) and 28 U.S.C. § 1367(c)(3). Dkt. No. 65 (“Motion”). The Court took the matter under submission without oral argument pursuant to Civil Local Rule 7-1(b). Having considered the Parties’ papers the Court GRANTS Plaintiff’s Motion. I. Background1 Plaintiff is a psychiatrist who worked as a contract medical provider at Salinas Valley State Prison (“SVSP”). On May 8, 2017, Plaintiff was attacked by one of his inmate patients during a 22…

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